Charls.T.David vs N.J.Sunny
2024 Latest Caselaw 26327 Ker

Kerala High Court

Charls.T.David vs N.J.Sunny on 3 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

  CRL.MC. NO.6265 OF 2019
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                                            2024:KER:66732

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                  CRL.MC NO. 6265 OF 2019

CRIME NO.510/2011 OF PUTHENCRUZ POLICE STATION, ERNAKULAM

   AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.1144 OF

      2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

                            KOLENCHERRY

  PETITIONER:

            CHARLS.T.DAVID
            AGED 54 YEARS
            S/O. DAVID, THOPPIL HOUSE, PERINGOLE KARA,
            AIKARANADU NORTH VILLAGE, KOLENCHERY P.O,
            ERNAKULAM DISTRICT.


            BY ADV ANTONY THOMAS


  RESPONDENT/S:

      1     N.J.SUNNY
            NJATTUTHOTTIYIL HOUSE, KUZHIYARA P.O,
            COTTANIKKARA, ERNAKULAM DISTRICT.

      2     STATE OF KERALA,
            REPRESENTED BY S I OF POLICE, 682311,
            PUTHENKURISSU POLICE STATION, REP.BY THE
            PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031.
 CRL.MC. NO.6265 OF 2019
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OTHER PRESENT:

         SRI. RENJITH T.R SR PP
         SRI. ADITYA T.P.



      THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 03.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CRL.MC. NO.6265 OF 2019
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                  P.V.KUNHIKRISHNAN, J.
            -----------------------------------------
               Crl.M.C. No.6265 of 2019
           ------------------------------------------
       Dated this the 03rd day of September, 2024



                          ORDER

This Criminal Miscellaneous Case is filed to

quash the proceedings in CC No.114/2019 on the

file of Judicial First Class Magistrate Court,

Kolenchery. It is a private complaint filed by the 1 st

respondent.

2. When this Crl.MC came up for

consideration, the learned counsel appearing for

the 1st respondent submitted that, the 1st

respondent is not interested to proceed with the

private complaint. An affidavit is also filed by the

1st respondent. If that be the case, I think, the

proceedings can be quashed. CRL.MC. NO.6265 OF 2019

2024:KER:66732

Therefore, this Criminal Miscellaneous Case is

allowed. All further proceedings against the

petitioner in CC No.114/2019 on the file of Judicial

First Class Magistrate Court, Kolenchery are

quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj CRL.MC. NO.6265 OF 2019

2024:KER:66732

PETITIONER ANNEXURES

ANNEXURE 1 CERTIFIED COPY OF THE COMPLAINT FILED BY THE RESPONDENT IN CMP NO.1144/2012 BEFORE JFMC KOLENCHERY DATED 28.06.2012.

ANNEXURE 2 CERTIFIED COPY OF THE ORDER OF COGNIZANCE IN CC NO.114/2019 OF JFMC KOLENCHERY 25.04.2019.

ANNEXURE 3 TRUE COPY OF THE CHARGE SHEET FILED IN SC NO.554/2013 BEFORE ADDL. SESSIONS COURT, MUVATTUPUZHA DATED 28.06.2012.

ANNEXURE 4 TRUE COPY OF THE ORDER OF WITHDRAWAL OF PROSECUTION OF ADDL.SESSIONS COURT, MUVATTUPUZHA IN SC NO.554/2013 18/11/2017.

ANNEXURE TRUE COPY OF THE ORDER OF SPLITTING UP 4(A) OF CASE AGAINST ACCUSED BY ADDL.SESSIONS COURT, MUVATTUPUZHA IN SC NO.554/2013 DATED 18/11/2013.

ANNEXURE 5    TRUE COPY OF THE DOCUMENTS RECEIVED BY
              THE    PETITIONER    AS    PER    FILE

O.HOME-LE/42/170HOME DATED 07.07.2017 UNDER RTI ACT DATED 07.07.2017.

ANNEXURE 6 TRUE COPY OF THE FIR NO.510/2011 OF PUTHENKURISSU POLICE STATION DATED 25.12.2011.

//TRUE COPY//

PA TO JUDGE